INSURANCE: Comp insurer with safety program owed duty of care under Restatement of Torts §324(b)-(c) to warn workers of risk of Libby asbestos exposure… summary judgment to worker on duty element of negligence claim against insurer erroneously granted without applying 324A, but correct result for wrong reason… ruling allows 800+ former Grace workers to continue claims against insurer… Eddy affirmed (other grounds, supervisory control). [Read more…]
House defects, builder liability to eventual owner
HOUSE DEFECTS: Summary judgment as to whether builder shielded from personal liability because of his status as sole employee/owner of corporation precluded by fact issues as to his personal actions in determining suitability of soil… builder and/or corporation had general duty of care for future purchasers that [Read more…]
Insurance, injured farm worker exclusions
INSURANCE: Coverage of injured farm worker who was eligible to receive work comp excluded… comp not encompassed by [Read more…]
Contract/standing, defective industrial coffee urn
CONTRACT/STANDING: No standing by shareholder to sue on behalf of corporation over industrial coffee urn, failed to amend to [Read more…]
ERISA, non-emergency surgery in waiting period
ERISA: Plaintiffs’ failure to plead/establish ambiguity of Plan under federal law bars equitable estoppel claim (purported assurance that non-emergency surgery was covered despite 3-month waiting period) in state breach of contract action… Curtis. [Read more…]